HARDEI versus STATE OF U.P.

HARDEI versus STATE OF U.P.

A person not named in FIR or chargesheet can be summoned as accused under Section 319 CrPC if evidence recorded during trial indicates their involvement; the trial court's power is not restricted by the police's omission.

Parties
Appellant: Hardei; Respondent: State of U.P.
Jurisdiction
India
Judgment Date
30 March 2016
Procedural Posture
Criminal Appeal / Appeal Against High Court Order Affirming Magistrate's Section 319 Cr PC Summoning Order
Outcome
Appeal dismissed
Legal Topics
Section 319 Cr PC, Summoning of Accused, Embezzlement Under MNREGA Scheme
Criminal Law Section 319 Cr PC Summoning of Accused Embezzlement Under MNREGA Scheme

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Parties

Hardei

Appellant

State of U.P.

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Order Affirming Magistrate's Section 319 Cr PC Summoning Order

Legal Issues

  1. 1 Whether the trial court can summon as accused a person not named in FIR or chargesheet based on evidence during trial under Section 319 CrPC

Ratio Decidendi

A person not named in FIR or chargesheet can be summoned as accused under Section 319 CrPC if evidence recorded during trial indicates their involvement; the trial court's power is not restricted by the police's omission.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; observations in this and impugned orders shall not have adverse effect on parties' cases; appellant at liberty to make all defences available in trial.